Attorney - Don Benson


Don Benson
HBS Atlanta Office

P: 404-954-6947
F: 404-954-5020
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Don Benson is a partner in the Atlanta office of Hall Booth Smith. Mr. Benson is a senior litigator with over twenty years experience in labor and employment law representing management clients in the avoidance, resolution and litigation of employment disputes. He has frequently appeared before federal and state courts across the country and before federal and state investigative agencies including: OSHA, the EEOC and the Department of Labor. Mr. Benson also has extensive experience in mediation and arbitration and is available as a trained mediator.

Mr. Benson graduated from Henderson High School in Atlanta, Georgia; Davidson College in Davidson, North Carolina; the University of Georgia in Athens, Georgia; and the University of Utah in Salt Lake City, Utah. He worked as a judicial clerk for the U.S. District Court for the Eastern District of Tennessee under the Honorable James H. Jarvis and the Honorable Robert L. Taylor.


Practice Areas


Don Benson is an experienced employment lawyer with transactional experience including: due diligence review of corporate acquisitions and divestitures; drafting, resolving and litigating executive contracts and compensation plans; restrictive covenant drafting and enforcement; employee benefit compliance with ERISA; company structuring with regard to independent contractor status under IRS, worker's compensation, unemployment, and employment liability risks; minority business status; government contractor compliance, franchise and licensing agreements. 


University of Utah, J.D., 1984
University of Utah, Ph.D., Candidate in Philosophy, 1984
University of Georgia, M.A., Philosophy, 1978
Davidson College, B.A., 1976


Georgia, 1986
Tennessee, 1985 


Injunction Stops New DOL Rule Increasing Salary Level Test: Now What?, November 2016, HBS' Employment Law Blog

Do Employees Get Time Off to Vote?, November 2016, HBS' Employment Law Blog

Congressional Move to Delay DOL’s Overtime Rules, September 2016, HBS' Employment Law Blog

OSHA’s New Rule On Post-Injury Drug Testing, June 2016, HBS' Employment Law Blog

Co-Authored New Guidelines For Treatment of Transgender Students, May 2016, HBS' Employment Law Blog

New Federal Trade Secrets Law Almost Here, May 2016, HBS' Employment Law Blog

Five Employment Law Issues for Risk Managers Throughout 2016, April 2016, HBS' Employmemt Law Blog

Assisted Living Facility Miss-Classifies Employees As Independent Contractors: Owes $56,000.00 To Nine Employees, March 2016, HBS' Employment Law Blog

Co-Authored New EEOC Lawsuits Seek to Expand Title VII to Protect Sexual Orientation, March 2016, HBS' Employment Law Blog

New EEOC Procedure Suggests Caution In Drafting Position Statements, March 2016, HBS' Employement Law Blog

Co-Authored Eleventh Circuit Clarifies Standard for Mixed-Motive Discrimination Cases, February 2016, HBS' Employment Law Blog

Co-Authored New OSHA Rule On Respirable Crystalline Silica will Affect Construction Employers, February 2016, HBS' Employment Law Blog

Failure to Pay for Water, Bathroom and Rest Breaks: $1.75 Million, January 2016, HBS Workers' Compensation Blog

"New Supreme Court Ruling: Who is a "Supervisor" in Harassment Cases?", July 2013, HBS Workers' Compensation Blog, "Is There a Flood of RICO/Immigration Lawsuits Coming?", Donald W. Benson and Jon Marigliano, Fall/Winter 2010.  Click to read article

Kiplinger Business Resource Center, "Antiviral Drug Stockpiling for Pandemic Planning," August 15, 2008. Click to read article

North Carolina State Bar Journal, "Pandemic- Is Your Workplace Prepared for Disaster?" Donald W. Benson and Julie Adams, Summer 2008, Volume 13, Number 2. Click to read article

Littler Mendelson, P.C. editors, "Wage and Hour Answer Book," 2008 Edition, Donald W. Benson, editor, Chapter 1 "Introducing and Overview of the Fair Labor Standards Act and Amendments," and Chapter 5 "Exemptions from Minimum Wage, Overtime Pay, Child Labor and Recordkeeping Obligations."

Georgia Bar Journal, "Pandemic Preparation in The Workplace," October 2006, vol. 12, no. 2, pp.14-21. 

Executive Counsel, "RICO Charges Are Newest Wrinkle in Immigration Labor Issue," July/August 2006, vol. 3, num. 4, pp. 13-14. Click to read article

Bloomberg Corporate Law Journal, "National Forum Shopping over Restrictive Covenants," Volume 1, Winter 2006, Issue 1, pp.91-97. Click to read article

Tennessee Bar Journal, "New Race to Tennessee and Georgia Courthouses over Non-Competition Agreements," October, 2005. Click to read article